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Washington law allows for the use of force under certain circumstances. RCW 9A.16.020 outlines the circumstances under which a person can legally use force. The lawful use of force/self-defense most commonly arises under three situations:
Self Defense
Defense of Others
Defense of Property
Washington’s Self-Defense statute specifically states:
No person in the state shall be placed in legal jeopardy of any kind whatsoever for protecting by any reasonable means necessary, himself or herself, his or her family, or his or her real or personal property, or for coming to the aid of another who is in imminent danger of or the victim of assault, robbery, kidnapping, arson, burglary, rape, murder, or any other violent crime as defined in RCW 9.94A.030.
See RCW 9A.16.110.
Use of “non-deadly force” is legally authorized when:
Whenever used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his or her possession, in case the force is not more than is necessary
See RCW 9A.16.020(3).
Washington Law allows a person to use reasonable force to defend themselves when they are being attacked or have a reasonable belief that they are about to be attacked. A person may not use more force than is necessary given the situation.
The law does not impose a duty to retreat. This means that if you are in your home, you do not have to try to escape the situation before defending yourself. This is otherwise called, the “Stand Your Ground Rule” in Washington.
On the other hand, you cannot raise self-defense if you are not allowed to be in the place you are being attacked in the first place.
You do not have to actually be attacked or injured in order to defend yourself. Washington law allows you to defend yourself if you reasonably believe you are about to be injured.
Self-defense is commonly used as a defense to assault, malicious mischief, harassment or disorderly conduct. But more serious felonies can give rise to a claim of self-defense as well.
Washington Law states that the use of force is lawful whenever used to prevent an offense against another person. This means that under certain circumstances, you may use force to protect another person. Like self-defense, defense of other requires that you only use a reasonable amount of force to protect another person. Also like in self-defense, the person you are protecting must not be trespassing at the time of the incident.
DEFENSE OF PROPERTY
Under certain situations, a person may use force to defend against a “malicious trespass or interference” with real or personal property.
This means that if someone is entering your home or taking or damaging your property and they are doing so with an evil purpose, you can defend your property by force.
The same rules apply to this defense, which is that you may not use more force than is necessary to defend your property.
STAND YOUR GROUND.
A stand-your-ground law (sometimes called “no duty to retreat” law) is a legal justification where an individual can “stand their ground” and use force without retreating, in order to protect and defend themselves or others against threats or perceived threats.
Stand your ground allows an individual, who is lawfully permitted to be where they are, to use any force necessary to defend from an imminent threat of serious bodily injury or death. There is no duty to retreat.
Washington courts have consistently upheld our right to remain in a lawful location with “no duty to retreat.” Flight, however reasonable as an alternative to violence, is not required.
While the wisdom of such a policy may be open to debate, the policy is one of long standing and reflects the notion that one lawfully where he is entitled to be should not be made to yield and flee by a show of unlawful force against him. See State v. Williams, 81 Wn.App. 738 (1996).
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